United States Ninth Circuit

The district court's grant of a preliminary injunction against defendants' use of the mark "The Platters" in connection with any vocal group, is reversed, where: 1) earlier New York actions did not have res judicata effect; 2) plaintiff was not barred by laches from challenging defendants' use of the mark; 3) the district court did not err in concluding that the defendants failed to meet their burden of strictly proving the affirmative defense of trademark abandonment; and 4) the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark context, and here, the record did not support a determination of the likelihood of irreparable harm.

Appellate Information

• Decided 12/02/2013
• Published 12/02/2013

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel